OLD Police Powers Flashcards

Question

What is the case law for reasonable suspicion?

Answer 1

R V RONDO – Reasonable suspicion **Streat V Bauer/Blanco** – 2 x tests, reasonable person, vehicle search Reasonable suspicion involves less that reasonable belief but more than possibility. Must be something which would create in the mind of a reasonable person an apprehension or fear. - Some factual basis for suspicion must be shown - More than just wondering

Answer 2

**There must be a factual basis for your suspicion**. Not whether you actually have the suspicion, but whether a reasonable person, possessing only the knowledge or information that’s available to you at the time would hold that suspicion. * Defendants pulled over in car, searched and charged for hindering police. * Police relief on time/place, 3 men in car, police radio saying ‘suspect vehicle’ may be involved in offences. Defendants objected to the search * Magistrate found no reasonable suspicion

Answer 3

* Police must form a genuine suspicion in their own mind (subjective test)** of which a reasonable person armed with that same information would have come to that same suspicion **(objective test)** * **There must be some factual basis** upon which the suspicion is formed. Cannot be merely speculative * **A reasonable suspicion involves less than reasonable belief but more than a possibility**

Answer 4

* Police notice two people driving damaged sports car. Observed driver put something in glovebox. Driver says car belongs to his mother. * The vehicle was stopped for no greater reason than police becoming aware the person driving the vehicle was not the registered owner. Such a stopping was unlawful because there were no reasonable grounds in the answer given by the driver which is what was solely relied upon.

Answer 5

* Police observed a vehicle on Oxford St with a male alone in the driver seat with a device on his lap, using a mobile phone * Followed to King St Wharf, a known drug location, and observed another male get in and leave a short time later. * Suspected drug deal. Searched car and located cocaine and $3900. * Magistrate relied on grounds officers had given evidence about (device on lap) which they did not use for reasonable grounds * On appeal HELD: - Weight given to practical experience of police informing suspicion - Court can take factors into account, despite police not relying on them for suspicion

Answer 6

**S. 9** LEPRA Power to enter in emergencies 1) PO may enter a premises if they believe on reasonable grounds: a) **Breach of peace** is being/likely to be committed and is necessary to enter to prevent/end b) Person has suffered **significant physical injury/imminent danger of significant physical** injury and it is necessary to prevent c) **Body** of a person who has died, other than as a result of an offence, is on the premises and there is no occupier to consent to entry 1A) Before entering, PO of/above rank of Inspector must approve 2) Once entered, PO to remain only as long as reasonably necessary in circumstances

Answer 7

**Section 36** Lepra allows police to stop, search and detain a vehicle without a warrant if the officer suspects on reasonable grounds that the vehicle or occupants are connected with the commission of a relevant offence. * Relevance: - No warrant - Identify offence

Answer 8

On the basis of Streat V Bauer/Blanco, to conduct a lawful vehicle stop police need to have formed a **genuine suspicion.** There must be a factual basis for your suspicion of which a reasonable persons who has access to that same information would have the same suspicion. * No relevant intel * No offences detected * No suspicious circumstances

Answer 9

**S. 125** LEPRA * Custody manager may delay rights under Part 9 if they reasonably suspect it will lead to: - An accomplice will avoid arrest - Evidence will be concealed, fabricated, destroyed, lost or witness tampered with - Recovery of person or property will be hindered - Bodily injury will be caused to another person CAN ONLY DELAY AS LONG AS REASONABLY NECESSARY. CANNOT DELAY LEGAL ADVICE

Answer 10

**F** – First hand hearsay when original maker not available **A** – Admissions of guilt **T** – Tags and labels **B** – Business records **I** – Identification of person, place or thing **T** – Telecommunication records **C** – Contemporaneous statements regarding health and wellbeing **H** – Hearsay for non-hearsay purpose (not to establish its truth, but as evidence that the statement was made)

**OLD** Police Powers Flashcards

(34 cards)

OLD Police Powers Flashcards